University of Makati School of Law | Statutory Construction

Case Digest By: Ramirez, Judy Anne | Reviewed By:

NAPOLCOM v. De Guzman, GR No. 106724, February 9, 1994

General Policies on Construction

NAPOLCOM v De Guzman
9 February 1994 GR No. 106724 Bidin, J.
Recitation Ready Synopsis

The legislative intent to classify the INP in such manner that Section 89 of R.A. 6975 is applicable only to
the local police force is clear.

The question now is whether the classification is valid.

The test for this is reasonableness such that it must conform to the following requirements:
(1) It must be based upon substantial distinctions;
(2) It must be germane to the purpose of the law;
(3) It must not be limited to existing conditions only; and
(4) It must apply equally to all members of the same class

The classification is based upon substantial distinctions.

The PC, before the effectivity of the law (RA 6975), were already retirable at age 56 while the local
police force were retirable at 60, and governed by different laws (P.D. 1184, Sec. 33 and Sec. 50).

The distinction is relevant for the purpose of the statute, which is to enable the local police force to plan
for their retirement which would be earlier than usual because of the new law.

Section 89 is merely transitory, remedial in nature, and loses its force and effect once the four-year
transitory period has elapsed.

Finally, it applies not only to some but to all local police officers.

Legal Provisions/Concepts/Doctrines and How Applied to the Case

Section 39 of RA 6975, An Act Establishing the Philippine National Police Under a Reorganized
Department of the Interior and Local Government

Compulsory Retirement. - Compulsory retirement, for officer and non-officer, shall be upon the
attainment of age fifty-six (56); Provided, That, in case of any officer with the rank of chief
superintendent, director or deputy director general, the Commission may allow his retention in the
service for an unextendible period of one (1) year.

Section 89 of RA 6975

Any provision hereof to the contrary notwithstanding, and within the transition period of four (4) years
following the effectivity of this Act, the following members of the INP shall be considered compulsorily
retired:
a) Those who shall attain the age of sixty (60) on the first year of the effectivity of this Act.
b) Those who shall attain the age of fifty-nine (59) on the second year of the effectivity of this Act.
c) Those who shall attain the age of fifty-eight (58) on the third year of the effectivity of this Act.
d) Those who shall attain the age of fifty-seven (57) on the fourth year of the effectivity of this Act."

Section 23 of RA 6975

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Composition. - Subject to the limitations provided for in this Act, the Philippine National Police,
hereinafter referred to as the PNP, is hereby established, initially consisting of the members of the police
forces who were integrated into the Integrated National Police (INP) pursuant to Presidential Decree No.
765, and the officers and enlisted personnel of the Philippine Constabulary (PC).

Section 85 of RA 6975

Phases of Implementation. The implementation of this Act shall be undertaken in three (3) phases, to
wit:

Phase I Exercise of option by the uniformed members of the Philippine Constabulary, the PC elements
assigned with the Narcotics Command, CIS, and the personnel of the technical services of the AFP
assigned with the PC to include the regular CIS investigating agents and the operatives and agents of
the
NAPOLCOM Inspection, Investigation and Intelligence Branch, and the personnel of the absorbed
National Action Committee on Anti-Hijacking (NACAH) of the Department of National Defense, to be
completed within six (6) months from the date of the effectivity of this Act.

Phase III. To accomplish the tasks of Phase III, the Commission shall create a Board of Officers
composed of the following: NAPOLCOM Commissioner as Chairman and one (1) representative each
from the PC, INP, Civil Service Commission and the Department of Budget and Management.

Section 86 of RA 6975

Assumption by the PNP of Police Functions. - The PNP shall absorb the functions of the PC, the INP
and the Narcotics Command upon the effectivity of this Act.

Section 90 of RA 6975

Status of Present NAPOLCOM, PC-INP. -- Upon the effectivity of this Act, the present National Police
Commission and the Philippine Constabulary Integrated National Police shall cease to exist. The
Philippine Constabulary, which is the nucleus of the Philippine Constabulary-Integrated National Police
shall cease to be a major service of the Armed Forces of the Philippines. The Integrated National Police,
which is the civilian component of the Philippine Constabulary-Integrated National Police, shall cease to
be the national police force and lieu thereof, a new police force shall be established and constituted
pursuant to this Act.

Article XV of the 1973 Constitution

'State shall establish and maintain integrated national police force whose organization, administration
and operation shall be provided by law.' Heretofore, INP was unknown.

FACTS

 Petitioners sent notices of retirement to private respondents who are all members of the defunct
Philippine Constabulary and have reached the age of fifty-six (56).
 Respondents aver that the age of retirement set at fifty-six (56) by Section 39 of RA 6975 cannot
be applied to them since they are also covered by Section 89.
 On December 23, 1991, respondent judge issued a restraining order followed by a writ of
injunction on January 8, 1992 upon posting of a P100,000.00 bond by private respondents.
 Petitioners filed the instant petition on October 8, 1992 seeking the reversal of the above
judgment. On January 12, 1993, the Court resolved to treat the respondents' Comment as
Answer and gave due course to the petition.

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ISSUE/S

i. Whether or not Section 89 of the PNP Law includes all members of the present Philippine
National police, irrespective of the original status of its present members and that Section 39
of RA 6975 shall become applicable to petitioners only after the lapse of the four-year
transition period.

RULING

No. The court held that the there is no need to look outside RA 6975 in determining the meaning of
"INP" since Section 90 of RA 6975 distinguishes between Philippine Constabulary and the INP, to wit.

Courts should not give a literal interpretation to the letter of the law if it runs counter to the legislative
intent.

Examining the records of the Bicameral Conference Committee, we find that the legislature did intend to
exclude the members of the PC from the coverage of Sec. 89 insofar as the retirement age is
concerned.

DISPOSITIVE

WHEREFORE, the court hereby declares that the term "INP" in Section 89 of the PNP Law includes all
members of the present Philippine National Police, irrespective of the original status of the present
members of the Philippine National Police before its creation and establishment, and that Section 39
thereof shall become operative after the lapse of the four-year transition period.

The preliminary injunction issued is made permanent.

SO ORDERED.

WHEREFORE, the petition is GRANTED. The writ of injunction issued on January 8, 1992 is hereby
LIFTED and the assailed decision of respondent judge is REVERSED and SET ASIDE.

SO ORDERED.

OTHER NOTES

It may have been the intention of Congress to refer to the local police forces as the "INP", but the PNP
Law failed to define who or what constituted the INP.

In failing to categorically restrict the application of Section 89 as the members of legislature are said to
have intended, it gave rise to the presumption that it has not limited nor intended to limit the meaning of
the word when the bill was finally passed into law. It is not difficult for the court to also presume that in
drafting the wording of the PNP Law, the legislators were aware of the historical legislative origin of the
'INP'. Thus, where the law does not distinguish, the courts should not distinguish.

Nonetheless, if confronted with such a situation, courts are not without recourse in determining the
construction of the statute with doubtful meaning for they may avail themselves of the actual
proceedings
of the legislative body. In case of doubt as to what a provision of a statute means, the meaning put to the
provision during the legislative deliberations may be adopted.

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